Mary Elizabeth "Betsy" Davis

Partner, Co-Chair of Labor & Employment Section
blank image Mary Elizabeth "Betsy" Davis
Mary Elizabeth "Betsy" Davis

Mary Elizabeth "Betsy" Davis

PARTNER, CO-CHAIR OF LABOR & EMPLOYMENT SECTION
RICHMOND
T: 804.799.7864
F: 804.977.3294

Ms. Davis is a partner in the Labor and Employment Group. She serves Whiteford as its Co-General Counsel and Co-Chair of the Labor and Employment Group. She focuses her practice on advising management in all areas of labor and employment law. She works across industries ranging from health care and higher education to manufacturing and golf to understand the particular needs of her clients in these industries. She regularly represents employers in state and federal courts in the areas of discrimination, fair labor standards, family and medical leave, wrongful discharge, covenants not to compete, breaches of employment contracts, as well as other state and federal employment issues. She counsels and represents clients in defense of EEOC charges and DOL investigations. 

Ms. Davis uses her litigation experience to counsel clients with a goal of eliminating risk and placing the client in the best position should litigation arise. She provides advice and management training to raise awareness and ensure compliance with employment laws. She routinely reviews and develops employee policies, handbooks, offer letters, employment contracts, separation agreements, and other related documents. She is frequently contacted by clients to assist in handling difficult termination and hiring issues, as well as sensitive matters involving restrictive covenants and trade secrets.
 

Recognitions

  • Chambers USA, Labor & Employment, Virginia,  (2021-present)
  • Benchmark Litigation: Labor & Employment Guide, Virginia "Labor & Employment Star" (2019-Present)
  • The Best Lawyers in America®, Richmond Commercial Litigation - Employment, Employment Law - Management and Litigation - Labor and Employment (2020–Present)
  • Virginia Business magazine, Labor and Employment "Legal Elite" (2019-2023)
  •  Virginia Super Lawyers®, Employment & Labor: Employer, "Rising Star" (2007, 2009–2012)
  • AV Preeminent®: Martindale-Hubbell® Peer Review Ratings™
 

Memberships & Activities

  • Virginia Bar Association: Labor and Employment Law Council Member; Secretary, Past Legislative Chair and Past Communications Chair
  • Virginia State Bar Association: Harry L. Carrico Professionalism Course, Faculty Member, Past No Bills Night, Richmond, Past Regional Chair
  • Richmond Bar Association: Administration of Justice Committee, Past Chair; Membership Committee, Past Chair, Finance Committee 
  • Greater Richmond Bar Foundation: Board Member
  • Lewis F. Powell, Jr. American Inn of Court: Member, 2009 – Present; President, 2011 – 2013; Immediate Past President, 2013 – 2015; Executive Committee Member and Mentorship Program Chair
  • Make-A-Wish Greater Richmond: Board Member: Past Board Chair
  • Best Lawyers Designation
  • Benchmark Litigation Designation
  • Chambers and Partners Designation
Employment Litigation
  • Represented employers in a broad section of industries on claims of discrimination, harassment, and retaliation; wage and hour; family and medical leave; wrongful discharge; noncompetition, nonsolicitation, and confidentiality covenants; trade secrets; business torts; and breaches of employment contracts in state and federal courts.
  • Represented clients in investigation and defense of EEOC, DOL, and NLRB charges and VEC claims.
  • Drafted and litigated non-compete, non-solicitation, and confidentiality covenants to injunction.
  • Defended business litigation claim filed by joint venturer in federal court to agreed dismissal without defense payment.
  • Defended local and multistate employers in DOL audits.
  • Represented national employer in discrimination claim to defense verdict in federal court.
  • Mediated EEOC charges against employers in a wide range of industries to successful resolution without litigation.
  • Represented senior executive in successful grievance litigation before the Circuit Court, the Virginia Court of Appeals, and the Virginia Supreme Court; obtained contempt order.
  • Proved and enforced employment contract against locality.
  • Litigated fiduciary duty claim against executive who created competing company to successful resolution.
  • Mediated multi-defendant non-compete litigation to successful resolution through federal court mediation program.
 
Employment Counseling
  • Trained and advised employers regarding federal and state employment law compliance, including the FLSA, FMLA, ADA, ADAAA, ADEA, Title VII, COBRA, FCRA, and the WARN Act.
  • Developed and reviewed employee policies, handbooks, offer letters, employment contracts, separation agreements, and other related documents for Virginia and multistate employers.
  • Assisted clients in handling difficult termination and hiring issues, as well as sensitive matters involving restrictive covenants and trade secrets.
  • Counseled management in various industries in planning and implementing work force reductions.
 
Reported Cases
  • Ofoche v. Apogee Medical Group, Virginia, P.C., 2019 WL 254674 (W.D. Va. 2019)
  • Ofoche v. Apogee Medical Group, Virginia, P.C., 2018 WL 4512076 (W.D. Va. 2018)
  • Jenkins v. Mid Atlantic Detailing, 689 Fed. Appx. 191, 2017 WL 1969484 (4th Cir. 2017)
  • Nidelka Adams v. McDaniel Services, 2016 U.S. Dist. LEXIS 29803 (E.D. Va, March 8, 2016)
  • L. Foster Consulting, LLC v. XL Group, Inc., 2012 U.S. Dist. LEXIS 93976 (E.D. Va. July 6, 2012)
  • L. Foster Consulting, LLC v. XL Group, Inc., 2012 U.S. Dist. LEXIS 93979 (E.D. Va. June 1, 2012)
  • Keck v. Virginia, 470 Fed. Appx. 127, 2012 U.S. App. LEXIS 6644 (4th Cir. Va. 2012)
  • Keck v. Commonwealth, 2011 U.S. Dist. LEXIS 74635 (E.D. Va. July 12, 2011)
  • Va. Dept. of Corrections v. Estep, 2011 Va. LEXIS 82 (Supreme Court of Virginia 2011)
  • Va. Dep't of Corr. v. Estep, 2010 Va. LEXIS 125 (Supreme Court of Virginia 2010)
  • Va. Dep't of Corr. v. Estep, 55 Va. App. 386 (Court of Appeals of Virginia 2009)
  • Alta. Telcomms. Research Ctr. v. Rambus Inc., 2006 U.S. Dist. LEXIS 26313 (E.D. Va 2006)
  • Mid-Atlantic Bus. Communs., Inc. v. Va. DMV, 269 Va. 51 (Supreme Court of Virginia 2005)
  • Contreras v. Thor Norfolk Hotel, L.L.C., 292 F. Supp. 2d 798 (E.D. Va. 2003)
  • Ross v. Pendell, 46 Fed.Appx. 155, 2002 WL 2023207 (4th Cir.(Va.) 2002)
  • Taylor v. Frazer, et al., 42 Fed.Appx 651, 2002 WL 1893174 (4th Cir.(Va.) 2002)
  • Coleman v. Ward, 208 F.3d 208, 2000 WL 245290 (4th Cir. (Va.) 2000)
  • Buckley v. Womack, et al., 203 F.3d 819, 2000 WL 139909 (4th Cir. (Va.) 2000)
PRESENTATIONS & PUBLICATIONS

Speaking Engagements

February 2023, presenting “HR Roundtable," Virginia, Delaware & Maryland Association of Electric Cooperatives

February 2022, presenting “HR Roundtable," Virginia, Delaware & Maryland Association of Electric Cooperatives

December 2021, presenting “Updates on Virginia Employment Law," LeadingAge Virginia

November 2021, co-presenting “Open[ish] For Business – Navigating Challenges Facing Richmond Businesses, Including Law Firms and the Clients They Serve, in the Evolving Pandemic," Richmond Bar Association

October 2020, co-presenting "Cocktail Party Law: A Basic Primer on Employment, Traffic, Community Association Law and COVID-related Business Law Matter," webinar, Richmond Bar Association

September 2020, presenting "COVID-19 – Leave Issues Under the FFCRA, FMLA, and ADA – The Law," webinar, Virginia Bar Association 50th Anniversary Annual Conference on Labor and Employment Law

July 2020, co-presenting "What Claims Will Communities Likely See? What Will be the Possible Increased Obligations as Communities Begin To Reopen?," webinar, LeadingAge Virginia

May 2020, co-presenting "Impact on Employers as Virginia Returns to Work," webinar, SIMA Client Meeting

May 2020, co-presenting “Play Through: COVID-Related Challenges for the Golf Industry,” webinar, Virginia State Golf Association

April 2020, presenting "COVID-19 and Key Legal Issues for Employers" to LeadingAge Virginia and Maryland.

February 2020,  presenting "HR 2020: Top Tips to Bring HR Into a New Decade” to the Virginia, Maryland & Delaware Association of Electric Cooperatives

September 2019, moderating "A Conversation with Commission Lipnic” at the Virginia Bar Association Labor & Employment Conference

July 2019, presenting “Workers Who Can’t Wait – Navigating Leave as an Accommodation” to Virginia Bar Association Summer Meeting

May 2019, presented “#MeToo in the Workplace: Creation, Compliance, Countermeasures” to the Society of Corporate Compliance and Ethics

February, 2019, New DOL Guidance on Tip Credit webinar

August, 2018, presenting “U.S. Employment Law Training”, Richmond, VA

June, 2018, presenting “ADA Compliance Overview”, Richmond, VA

March 22, 2018, presenting “Harassment Pitfalls”, Richmond, VA

February 12, 2018, presenting “EPLI: A Year in Review and A Look at What Is To Come”, Jersey City, NJ

October 11, 2017, presenting “Wage Issues: Practical Tips to Avoid Liability”, with NBI, Inc.

May 18, 2017, presenting “Staffing and Employment Issues” to the Associated General Contractors of Virginia, Young Leaders Conference

May 11, 2017, moderating “Human Resources 101: Hiring, Firing and Employment Law Update” for the Richmond Bar Association

April 11, 2017, presenting “The Trump Experience: How U.S. Law Will Change – Employment Changes, webinar

April 27, 2017, presenting “The Trump Experience: How Employment Laws Will Change” to the Virginia Association of Personal Care Providers, 2017 Spring Meeting

March 1, 2017, presenting “Contractors-Employees: A War on Misclassification”, Richmond, VA

August 25, 2016, presenting “Minimizing Risk in the Construction Industry: Tips of Managing Employees” to the Associated General Contractors of Virginia, Young Leaders Conference

July 20, 2016, presenting “Be(A)ware – Employment Laws are Changing” to the Association of Legal Administrators

July 12, 2016, presenting “War on Misclassification” to the Hanover Chamber of Commerce

April 7, 2016, (Newport News), April 12, 2016 (Richmond), April 19, 2016 (Fairfax) presenting “Human Resources Rules and Regulations” to the Virginia Association of Personal Care Providers

April 11, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Hill-Tucker Bar Association

April 13, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Richmond Bar Association

January 14, 2016, presenting "Employment Law Update: Cutting Edge Issues” to lawyers and human resources professionals on behalf of Sterling Education Services

October 7, 2015, presenting "Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resource professionals on behalf of the National Business Institute

October 6,2015, presenting “Human Resources, Overtime Exemptions, and the ACA” to the Virginia Association of Personal Care Providers

October 7, 2015, presenting “Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resources professionals on behalf of the National Business Institute

October 2015, presenting “The Five Hottest Areas of Employment Liability Risk” to the Chesterfield Chamber of Commerce

February 4, 2015, presenting “Fundamentals of Employment Law” to lawyers and human resources professionals on behalf of Sterling Education Services

ARTICLES

Employment Law Update: Employers - Prepare for The Proposed Overtime Rule

On February 14, 2024, the U.S. Department of Labor (DOL) Wage and Hour Division Administrator, Jessica Looman, testified before the House and confirmed the DOL’s intention to release its new overtime rule (the Rule) in April 2024, despite Republican representatives urging the DOL to withdraw a proposed overtime rule.

Client Alert: Stay Lifted on OSHA’s Vax or Test Mandate

The Sixth Circuit lifted the stay on OSHA’s vaccine or test mandate for employers with 100 or more employees. The Fifth Circuit stayed the mandate pending a review of whether the coronavirus presented a “grave danger” necessitating such sweeping federal action a day after the rules were published. With the stay lifted, employers are left revisiting the requirements of the mandate.

Computer Fraud and Abuse Act: Supreme Court Ruling

Employers can no longer rely on their contracts, policies, or industry standards as grounds for seeking a private suit against employees under the Computer Fraud and Abuse Act of 1986 (CFAA). The Supreme Court recently ruled that the CFAA did not regulate a person's authorized access to a computer for an improper purpose.  The Court limited claims under the CFAA to a person who exceeds his/her authorized access.

Virginia’s Legislative Update Affecting Employers

Every winter, Virginia’s General Assembly gathers in Richmond to pass new laws affecting Virginians and Virginia businesses. Three of the most recent and consequential changes affecting employers are changes to Virginia’s minimum wage, paid sick leave to certain employees, and prohibition on disciplining employees for medicinal use of cannabis oil.

Client Alert: VDOLI COVID-19 Workplace Safety Rules

On Wednesday, July 15, 2020, the Virginia Safety and Health Codes Board (“Board”) of the Virginia Department of Labor and Industry (“VDOLI”) met to discuss and adopt workplace safety regulations (16 VAC 25-220) proposed by VDOLI on June 12, 2020 in response to the SARS-CoV-2 virus (“Virus”) that causes COVID-19. This meeting was the final meeting in a series of meetings held by the Board to discuss the originally-proposed regulations. During this time, multiple amendments to these regulations were proposed by Board members.

The Values Act Adds Teeth to the Virginia Human Rights Act

Effective July 1, 2020, the Virginia Values Act amends and drastically rewrites the Virginia Human Rights Act (“VHRA”), adding substantial teeth to the statute.  Among its key provisions, the Virginia Values Act expands the definition of covered employers, expands the causes of action available to aggrieved employees, increases the classes of employees who are protected, and expands the remedies available to employees who sue.  With the substantial changes, it is anticipated that employers will see a flood of new litigation under the VHRA.

Virginia’s Prohibition on Non-Compete Covenants for Low-Wage Employees

Virginia employers who have or are considering non-compete agreements with low-wage earners should take note. Effective July 1, 2020, Virginia employers are prohibited by statute from entering into, enforcing, or threatening to enforce a covenant not to compete with any low-wage employee. See Va. Code § 40.1-28.7:8(B).

Client Alert: Amended Virginia Wage Payment Act

On March 10, 2020, Governor Ralph Northam signed into law an amendment to the Virginia Wage Payment Act (“WPA”) passed by the Virginia General Assembly, which will go into effect on July 1, 2020.

Client Alert: Virginia Department of Labor and Industry COVID Proposed Rules

On Wednesday, June 24, 2020, the Virginia Safety and Health Codes Board (“Board”) of the Virginia Department of Labor and Industry met to discuss the adoption of the proposed COVID-19 workplace safety regulations previously highlighted in our June 18 Client Alert below. The Board did not vote on the proposed regulations, but addressed several procedural matters moving the Board closer to approving new regulations in the near future. The Board anticipates holding another meeting the week of June 29, 2020 where it may vote on approving final regulations, although a meeting date has not been announced.

Client Alert: COVID-19 Labor & Employment FAQs - You've Asked, We've Answered

In light of the current state of affairs surrounding COVID-19, employers are facing challenges not typically encountered in their day-to-day roles.  Our Whiteford professionals have addressed questions for our clients in hopes these answers will assist in easing how to deal with this particularly difficult, ever-changing situation.

Client Alert: Congress Enacts New FMLA and Paid Sick Leave Requirements in Response to COVID-19

On March 18th, the U.S. Senate approved the Families First Coronavirus Response Act, which was recently passed by the House of Representatives.  The legislation now awaits signature by the President.  Among a host of measures relating to health services and other forms of aid, the Act contains two new laws creating employee leave rights that will apply to a broad spectrum of employers.  Under the terms of the new statute, these employee leave provisions will take effect within 15 days of the law being enacted.  Below is brief overview of the key provisions of those two components of the Act.

Client Alert: Joint Employment Clarified

On January 12, 2020, the U.S. Department of Labor (DOL) announced its Final Rule clarifying that employers must exercise “direct control” over employees to be a joint employer under the Fair Labor Standards Act (FLSA). The Rule is good news for employers; it sets a higher standard for plaintiffs seeking additional defendants in a wage and hour claim.  Employers who use staffing agencies, have franchise relationships, or use subcontractors will want to take special note.

Client Alert: Virginia Employers Must Produce Personnel Files

As of July 1, 2019, employers in Virginia must furnish to employees and former employees copies of all records retained by the employer in the following categories:
 
  • the employee’s dates of employment with the employer
  • the employee’s wages or salary during the employment
  • the employee’s job description and job title during employment
  • any injuries sustained by the employee during the course of the employment with the employer (Virginia Code §8.01-413.1(B)).

NEWSLETTERS

Labor & Employment Newsletter July 2020: VA & MD Legislative Update

Virginia’s Prohibition on Non-Compete Covenants for Low-Wage Employees

The Values Act Adds Teeth to the Virginia Human Rights Act

New Whistleblower Protection in Virginia

New Maryland Employment Laws That Took Effect July 1, 2020

New Virginia Laws on Worker Misclassification: Employee vs. Independent Contractor

Amended Virginia Wage Payment Act


PRESENTATIONS

Webinar: Are Non-Competes Still Legal?

This webinar discusses what certain states and federal agencies are doing to attempt to limit or prohibit the use of non-competes and practical considerations for employers in light of these recent developments. 

Webinar: Playing Through: COVID-Related Challenges for the Golf Industry

A panel presentation by the Virginia State Golf Association (“VSGA”) and Whiteford, Taylor & Preston on the leading operational, business and legal challenges facing the golf industry during the COVID pandemic.  Insights and strategies from VSGA leadership and Whiteford lawyers experienced in advising on key employment, financial and management issues.

NEWS

13 Whiteford Lawyers Recognized by Benchmark Litigation in 2024

Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers, has announced that thirteen Whiteford attorneys have been named 2024 “Litigation Stars,” “Future Stars,” “Labor and Employment Stars,” and “40 & Under” in DC, Delaware, Maryland and Virginia (*new recognition in 2024).

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.

16 Whiteford Lawyers Recognized by Benchmark Litigation in 2023

Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers, has announced that sixteen Whiteford attorneys have been named 2023 “Litigation Stars,” “Future Stars,” “Labor and Employment Stars,” and “40 & Under Hotlist” in DC, Delaware, Maryland and Virginia.

73 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”

73 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2023 (copyright 2022 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington, D.C. offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

Chambers Honors Whiteford in 14 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2022 list of leading firms and business lawyers. This year’s recognition includes 29 attorneys in 14 practice areas at the National and State level.

16 Whiteford Lawyers Recognized by Benchmark Litigation

Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers has announced that sixteen Whiteford attorneys have been named 2022 “Litigation Stars,” “Future Stars,” “Labor and Employment Stars,” and “40 & Under Hotlist” in DC, Delaware, Maryland and Virginia.

75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”

A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

Chambers Honors Whiteford in 11 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2021 list of leading firms and business lawyers. This year’s recognition includes 25 attorneys in 11 practice areas in 3 states and the District of Columbia.

71 Whiteford Attorneys Listed in Best Lawyers in America 2021, Six Named “Lawyer of the Year”

A record 71 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2021 (copyright 2020 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.